Provisional Rules of Ministry of Foreign Trade & Economic Cooperation on
Disclosure of Information In Anti-dumping Investigations

Article 1 With a view to ensuring fairness, justice and openness of anti-dumping investigations, these Rules are formulated in accordance with provisions of the "Anti-dumping Regulation of the People's Republic of China".

Article 2 The Ministry of Foreign Trade and Economic Co-operation (hereinafter referred to as MOFTEC) delegates the Bureau of Fair Trade for Import and Export to be responsible for implementation of these Rules.

Article 3 The term "disclosure" provided for in these Rules refers to the procedure under which MOFTEC notifies relevant interested parties in an anti-dumping investigation who have provided information during the course of investigation of the essential data, information, evidence and reasons adopted for establishment of the existence of dumping and dumping margin for that particular interested party.

Article 4 Disclosures consist of disclosure after the preliminary determination is publicized, disclosure of the result of on-the-spot verification and disclosure before the final determination is made.

Article 5 Information which is contained in the disclosures after the preliminary determination is publicized and before the final determination is made includes:

Regarding Normal Value: establishment of normal value, transaction data submitted and data having been adjusted adopted for calculation of normal value, data rejected for calculation of normal value and reasons for the rejection, etc.;
Regarding Export Prices: establishment of export prices, transaction data submitted and data having been adjusted adopted for calculation of export prices, data rejected for calculation of export prices and reasons, etc.;
Regarding Costs: Data for the establishment of cost of production, allocation method for various expenses and data adopted, estimate of profits, establishment of abnormal or non-recurring items, etc.;
Usage of best information available and facts available and reasons, provided that confidential information of other interested parties is not involved;
Methodologies for calculation of dumping margin;
Other information MOFTEC considers necessary to disclose.
Article 6 Disclosures shall be made in written form.

Article 7 MOFTEC shall make disclosure to the relevant interested parties within 20 days from the date of issuance of Public Notice of the preliminary determination in an anti-dumping investigation.

Article 8 MOFTEC shall, after the disclosure is made to the relevant interested parties, give that interested party no less than 10 days to make comments on the preliminary determination and the disclosed information and facts.

Such comments shall be in written form, and submitted to MOFTEC within a stipulated period of time.

Article 9 MOFTEC shall, within a reasonable period of time after the on-the-spot verification is completed, make disclosure concerning the result of the on-the-spot verification to the relevant exporters and producers whose data provided have been verified. Such disclosure includes:

Whether the exporters and producers subject to the verification have been cooperative during the verification;
Whether data, information and materials provided by such exporters and producers are genuine, accurate and complete;
Whether such exporters and producers have conducted fraud or concealment;
Further collection of information during the verification in the countries (regions) where such exporters and producers are located;
Other information MOFTEC considers necessary to disclose.
Article 10 Where the disclosure is conducted before the final determination is made, MOFTEC shall give the relevant interested parties subject to the disclosure no less than 10 days to make comments on the disclosed information and facts.

Such comments shall be in written form, and submitted to MOFTEC within a stipulated period of time.

Article 11 Disclosure of confidential information concerning anti-dumping reviews shall be carried out in accordance with provisions of these Rules.

Article 12 MOFTEC shall be responsible for interpretation of these Rules.

Article 13 These Rules shall enter into force from the date of 15 April 2002.